T left early (4wks. Notice to Agent) claiming disrepair

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    T left early (4wks. Notice to Agent) claiming disrepair

    Our tenants are leaving today, Apparently they gave the agents 4 weeks notice, though we only found out about it last week. The 4 weeks are because they say the place is in disrepair, though they have given us no access to make good any needed repairs. They say that they are going to hand the keys in this evening, to the agent. They have also contacted the council because they are concerned about any future tenants. Lovely! The whole house was renovated before they moved in.

    The agent has told them they are in a contract, and they cant just walk away, that they needed to tell us what the issues are and provide us with access to repair.

    My question is, if the keys are handed in to the agent, are we accepting the condition of the house? and any right for themto have their depoist back. Their rent was due on the 25th, and they didnt pay.

    thanks

    #2
    On what date does the Tenancy Agreement's fixed term expire?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      The agent is saying they will not accept the keys this evening. I'm not sure how helpful that is to our position. I think people are trying to look like they have done everything on paper so they look like ideal tenants. The agent asked for an inspecton to go thru the issues, they decline saying they were leaving. Contract runs out a the end of Nov

      Comment


        #4
        If fixed term ends in November, T is liable for rent until November (unless L acquiesces: impliedly accepts T1's surrender by letting to new T2).
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          If fixed term ends in November, T is liable for rent until November (unless L acquiesces: impliedly accepts T1's surrender by letting to new T2).
          Thanks Jeffrey. We wont be renting it out again because we want to move back in November.

          Comment


            #6
            Originally posted by Barch View Post
            Thanks Jeffrey. We wont be renting it out again because we want to move back in November.
            But, the best thing for us I think will be to get rid of this filth. Are we accepting their reasons for leaving the property, for its apparent disrepair? These are clever people, who are working the system who are implying that they are going to sue the agents or us for letting a property that is in a bad state. I think you have answered, but just need to make sure we arent accepting their version of events by taking the keys back

            thanks again

            Comment


              #7
              Accepting the keys is tantamount to agreeing surrender, I would instruct agent to refuse acceptance of the keys. If they post them thru agents letterbox this is another thing altogether.

              They will be liable to pay rent to end of Nov but you will not have acces rights until this time.

              If you are happy to get then out then do an inspection and determine problems with prop, and bill them accordingly- you have got an inventory of when they moved in ? and you have protected deposit I assume ?

              Depending on "problems" i would instruct a debt collector for outstanding rent and wait until nov to move back in.
              A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
              W.Churchill

              Comment


                #8
                Originally posted by Rodent1 View Post
                Accepting the keys is tantamount to agreeing surrender, I would instruct agent to refuse acceptance of the keys. If they post them thru agents letterbox this is another thing altogether.

                They will be liable to pay rent to end of Nov but you will not have acces rights until this time.

                If you are happy to get then out then do an inspection and determine problems with prop, and bill them accordingly- you have got an inventory of when they moved in ? and you have protected deposit I assume ?

                Depending on "problems" i would instruct a debt collector for outstanding rent and wait until nov to move back in.
                Yep, more than happy to have them out. The agent was going to be available until 7pm today and I've just spoken by phone to a neighbour who has confirmed they are still at the property so they will, I guess, put keys in the letterbox. (agent just called confirming they havent turned up.) We did have a full inventory done and yes, a protected deposit. What I want, is access back as quick as possible and no comeback from them claiming the deposit back. Instructing debt collectors is more money lost, imho. They will not pay a single further penny. We could take them to court for recovery, but all that will happen is they get a CCJ. Doesnt help us, and they have obviously already got somewhere else sorted so wont affect them getting somewhere else.

                Just want property back, but not willing to accept their reasons.

                Comment


                  #9
                  Originally posted by Barch View Post
                  We could take them to court for recovery, but all that will happen is they get a CCJ. Doesnt help us, and they have obviously already got somewhere else sorted so wont affect them getting somewhere else.
                  If T is employed, definitely worth issuing a claim for unpaid rent/damage. CCJ can be enforced by deducting from the T's wages. May not apply to this situation, but just saying...

                  Comment


                    #10
                    Originally posted by westminster View Post
                    If T is employed, definitely worth issuing a claim for unpaid rent/damage. CCJ can be enforced by deducting from the T's wages. May not apply to this situation, but just saying...
                    Self employed Builder

                    Comment


                      #11
                      They have indeed left and posted the keys thru the agents letterbox. The house is being inspected today. We do have a deposit which I guess will be returned to them once the inspection is complete. Am I right this cant be used as payment for the rent they owe to November?

                      thanks

                      Comment


                        #12
                        Originally posted by Barch View Post
                        They have indeed left and posted the keys thru the agents letterbox. The house is being inspected today. We do have a deposit which I guess will be returned to them once the inspection is complete. Am I right this cant be used as payment for the rent they owe to November?

                        thanks
                        No! You can claim for unpaid rent to be deducted from the deposit. Deposits are to cover any financial loss, not just damage.

                        You say T is a self-employed builder; again, I say it's definitely worth issuing a claim for any loss over and above the deposit sum, either unpaid rent or damage to the property. You can do it online.

                        https://www.moneyclaim.gov.uk/csmco2/index.jsp

                        Claim must be served at the T's residential address. You'll need to provide evidence at a later stage such as the tenancy agreement (proving T's liability for rent), and inventory/photos/receipts (if claiming for damage).

                        Once you get a CCJ against them, you then use one of the following enforcement methods (any court fees can be added to the debt)

                        http://www.hmcourts-service.gov.uk/i...ment/index.htm

                        Comment


                          #13
                          Originally posted by westminster View Post
                          No! You can claim for unpaid rent to be deducted from the deposit. Deposits are to cover any financial loss, not just damage.

                          You say T is a self-employed builder; again, I say it's definitely worth issuing a claim for any loss over and above the deposit sum, either unpaid rent or damage to the property. You can do it online.

                          https://www.moneyclaim.gov.uk/csmco2/index.jsp

                          Claim must be served at the T's residential address. You'll need to provide evidence at a later stage such as the tenancy agreement (proving T's liability for rent), and inventory/photos/receipts (if claiming for damage).

                          Once you get a CCJ against them, you then use one of the following enforcement methods (any court fees can be added to the debt)

                          http://www.hmcourts-service.gov.uk/i...ment/index.htm
                          Thanks for the response. We are definitely going to contest that they get any money back. We dont know where they new address is and I doubt they'll want to inform us what it is. As far as I'm concerned, I dont want to chase them for the rent til Nov. Equally, I dont feel they are due any deposit back either. Rather just move on and not worry about it. We did a full photographed inventory when they went in so they'll not have a leg to stand on, and as far as I can tell, the fact that they have left the property means that any contact they had with enviro health (think this was just a bluff anyway) is negated because they need to be at the property to give them access. I spoke to the RLA today and they said much the same, dont just give it back. The agent has SUPPOSEDLY kept the deposit in their protected scheme. I wouldnt mind betting its not, but in a agents bank account.

                          thanks again

                          Comment


                            #14
                            Originally posted by Barch View Post
                            The agent has SUPPOSEDLY kept the deposit in their protected scheme. I wouldnt mind betting its not, but in a agents bank account.
                            It may well be in the agent's account if they used an insurance-based scheme - there is nothing unusual in that. You really do need to check this, though - I mean, that the deposit is protected and the T has been given the prescribed information.

                            If these are 'professional' tenants as you suggested, i.e. working the system, and if the agent has not protected the deposit, they could issue a claim against you for failure to comply with deposit protection.

                            Comment


                              #15
                              Originally posted by westminster View Post
                              It may well be in the agent's account if they used an insurance-based scheme - there is nothing unusual in that. You really do need to check this, though - I mean, that the deposit is protected and the T has been given the prescribed information.

                              If these are 'professional' tenants as you suggested, i.e. working the system, and if the agent has not protected the deposit, they could issue a claim against you for failure to comply with deposit protection.
                              Thanks, will check this and report back

                              Comment

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